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FOR2602 LATEST EXAM PACK 2023
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FOR2602LATEST
EXAM
PACK
2023
, lOMoARcPSD|30080823
CONTENTS
Study units Page
1 EXPERT EVIDENCE 1
2 INTERROGATION 6
3 INFORMERS AND ULTERIOR MOTIVES 26
4 TESTIFYING IN COURT OR AT A HEARING 34
5 REPORTING CASES TO THE POLICE 41
6 THE FOLLOW-UP INVESTIGATION 47
7 INVESTIGATIVE INTERVIEWING 54
8 INVESTIGATIVE TECHNIQUES 73
REFERENCE LIST 114
(iii)
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Study unit 1
Expert evidence
1.1 INTRODUCTION
Study unit 1 will give you an overview of expert evidence and how to present it in a court
of law.
Normally, investigators do not fall into the category of expert witnesses. Nevertheless,
depending on your level of experience, knowledge, qualio cations and years of service,
you may be considered as a professional (expert) witness. To be considered as an expert
witness, you must comply with strict requirements, which will be discussed in detail in
this unit.
Even if you yourself are not an expert witness, you must still know and understand the
function of such witnesses, as you may require the help of such a witness in an investigation.
Unfortunately, very few investigators fully understand the role of an expert witness (i.e.
the typical functions performed by such a person) in an investigation.
In this unit you will learn about relevant concepts, how an expert can assist you in an
investigation, how an expert submits evidence in a court or hearing, and when an
investigator may be considered as an expert.
1.2 PRESENTING EVIDENCE TO A COURT OR HEARING
Before discussing the role of an expert in an investigation, it is important to discuss
certain legal concepts that greatly inn uence the way in which evidence is gathered and
presented by an expert.
In a criminal case, the standard of proof to be met is beyond a reasonable doubt.
The prosecution has to prove all the elements of the crime with which an accused is
charged. The accused may also have given an alibi, which must then be disproved by
the prosecution. In certain cases, the burden of proof falls on the defence, for example
where the accused has submitted a plea of insanity.
In a civil case, the standard of proof to be met is on a balance of probabilities. In lab
hearings, the standard of proof to be met is also on a balance of probabilities. A court or
hearing must establish what really happened.
To that end, evidence is presented to the judge, magistrate or presiding oo cer. Such
evidence is presented as facts or opinions. Facts are what someone saw, heard or did.
Evidence can be divided into dif erent categories. For the purpose of this unit, the following
categories are brien y mentioned and discussed:
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• Real evidence. This refers to objects you can see, feel and touch.
• Documentary evidence. This includes documents and audio recordings. It has to be
proved authentic and a witness has to testify how this evidence came into existence.
• Witness evidence. This is when a person testio es in a court or at a hearing.
Witnesses testify about what they saw, heard or experienced and are usually not allowed
to express an opinion. Evidence is presented orally in a court or at a hearing. Such evidence
is normally captured in a statement from which witnesses may refresh their memory
before commencing with their testimony. Witnesses do not take their statements into
the witness box with them. Have you ever been called upon to be a witness, or know of
someone who was?
1.3 WHAT IS AN EXPERT?
In the context of this unit, an expert can be described as a person who is very knowledgeable
about or skilful in a particular area (Oxford electronic dictionary 2009). The emphasis in
this description is on the knowledge and skills of a person. Such a person must have
exceptional skills or knowledge in a particular o eld.
As a corporate or private investigator, you may be considered as an expert in a specio c
investigation o eld in certain circumstances and may, therefore, present expert evidence.
An example is a vehicle accident investigator who has been involved in the investigation
of such cases for many years. This example refers to an investigator who has conducted a
specio c type of investigation for a number of years. The time frame may be an indication of
his/her experience, although conducting a specio c kind of investigation for 10 years does
not necessarily make that investigator an expert; he/she still has to meet the requirements
discussed in this unit.
1.4 EXPERT WITNESSES AND THE COURT/HEARING
Firstly, experts are professionals in their chosen o eld. Within those o elds, the experts
will continue furthering their education and keeping their knowledge up to date. Such
expertise is based on qualio cations, experience and knowledge.
Secondly, expert witnesses are people who can communicate their professional knowledge
in a legal environment, such as a court case or hearing.
Expert evidence is admissible on matters that are not within the common knowledge
of the court. Experts are allowed to express their opinions, based on their qualio cations
and experience in their specio c o eld of expertise.
Experts compile a report, which they take into the witness stand and from which they can
testify. Such reports are based on investigation notes made by the experts during their
investigation. Such notes are similar to those made by an investigator, but they contain
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